This Agreement describes the policies that Health Advocacy Solutions LLC follows to assure appropriate use of our services and respect the privacy of our clients. By utilizing this web site and/or our consulting services, you agree to these terms and conditions.
1. Description of Service: No Recommendations or Medical Advice
Health Advocacy Solutions LLC acts as a collector and assessor of health-care-related information, including information that describes or summarizes research, findings, or other data on specific conditions, treatments, providers, or other resources. However, Health Advocacy Solutions LLC is not a medical referral service, nor do we recommend or endorse particular health-care providers or practices. We do not offer medical advice regarding the quality or suitability of any particular health-care provider, treatment, or service, and no information provided by us should be construed as medical advice. Our suggestions and observations regarding particular health-care providers or other resources are statements of opinion and not statements of fact or recommendations to utilize the services of any specific health-care provider or resource.
2. Disclaimer
Services and products provided by Health Advocacy Solutions LLC are intended for informational purposes only. While we endeavor to provide the most accurate, credible, and up to date information available, our databases and research products may contain inaccuracies or typographical errors, and may be changed or updated without notice. Further, we expressly disclaim any and all responsibility and liability with respect to separate agreements you may make with health-care providers or with third parties who offer products or services, and you agree to look solely to such health-care providers and third parties with respect to any and all claims arising out of such agreements and/or such products or services.
3. Fee Schedule
Before we begin working on your behalf, we ask that you provide us with a $150 retainer. The retainer will allow us to initiate work on your case and provide you with options and estimates for any additional services you may wish to consider (through us or other resources we might identify). Our fees and rates vary depending on the nature of the work. We are committed to providing you with services that are supportive, timely, and effective. If at any time you wish to discontinue using our services, we will only charge for time and expenses incurred up to that point.
Health Advocacy Solutions LLC accepts cash payments in the form of personal or corporate checks and certified cashiers’ checks. We also accept Visa and MasterCard.
4. Limitations of Liability
You agree to assume all responsibility in connection with choosing any provider, treatment, or service, whether or not you obtained information from us relating to these choices. We assume no responsibility or liability for any advice, treatment or other services rendered by any health-care provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services. You agree that we will not be liable for any damages resulting from your use of, or reliance upon, information, research, referrals, advocacy, or other resources we may identify on your behalf.
You agree that under no circumstances will we or our members, directors, agents, representatives, employees, contractors, attorneys, successors or assigns, be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including, but not limited to, damages that may result from your use of products or services provided by health-care providers and other third parties based on information obtained through us), even if we or they have been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you. Our total liability to you under this Agreement for all damages, costs, and expenses shall not exceed the compensation received by us from you for work performed.
5. Indemnity
You agree to defend, indemnify, and hold harmless Health Advocacy Solutions LLC and its respective members, directors, agents, representatives, employees, contractors, attorneys, successors or assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of any information, materials, research, or other resources we identify, collect, or summarize on your behalf, (ii) any arrangements you make based on information obtained as a result of our services, or (iii) any breach by you of this Agreement.
6. Privacy Policy
Health Advocacy Solutions LLC is committed to fully respecting the privacy and confidentiality needs of our clients. Medical records and other personal information we may collect on behalf of each client are kept fully private and confidential, except when explicitly stated otherwise by the client in writing. We handle all personal medical information in accordance with federal HIPAA standards when appropriate. Information provided by users of our web site, including e-mail addresses and other personal data, is also kept confidential and will not be disclosed to third parties without the express written consent of the user or client.
In order to provide some of our services, we may share selected personal health-care information with members of our expert network who provide research and consulting services to Health Advocacy Solutions LLC. Whenever possible, we remove personally identifiable data from such information prior to sharing it with members of our network. However, under certain circumstances it may be difficult or impossible to remove all personally identifiable data from health-care information we share with our contractors. Whether or not the information we share contains personally identifiable information, all contractors are bound by the same privacy and confidentiality policies as Health Advocacy Solutions LLC, and your personal health-care information will not be disclosed to any third parties without your express prior written consent.
7. Disputes
If a dispute arises, you agree to try in good faith to settle the dispute with Health Advocacy Solutions LLC through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.